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What's New in E-Discovery and Spoliation?

December 5, 2021

Louisiana First Circuit Court of Appeal Makes Clear that an Attorney’s File Cannot be Compelled Absent Compliance with Code of Evidence Article 508

Written by Steve Herman
November 7, 2021

New Jersey Supreme Court Declines to Discipline Attorney Who Did Not Understand Facebook Privacy Settings (in 2008)

Written by Steve Herman
August 26, 2021

Illinois Court of Appeal Holds that Dissolved Corporation Could Not Assert Privilege, While Reversing Contempt Sanction Against Attorney Seeking Appellate Review in Good Faith

Written by Steve Herman
July 29, 2021

U.S. Supreme Court Holds that the Computer Fraud and Abuse Act Only Applies to Those Who Obtain Information or Files From Sources to Which Their Access Does Not Extend – (and Not Those Who Simply Obtain Data from Sources to Which they Have Access for Improper or Unauthorized Purposes)

Written by Steve Herman
July 29, 2021

Northern District of California Magistrate Judge Imposes Monetary Sanctions on Counsel Who Failed to Take Reasonable and Appropriate Steps to Ensure Responses to Discovery Requests

Written by Steve Herman
July 29, 2021

Magistrate Judge in the Eastern District of Tennessee Outlines the Process for Evaluating a Motion for Sanctions for Spoliation of Electronically-Stored Information Where County Fails to Preserve Jail Tape

Written by Steve Herman
July 29, 2021

Magistrate in the Southern District of Georgia Addresses Spoliation in the Context of a “Deactivated” as Opposed to “Deleted” Facebook Account, while Questioning Counsel’s Conduct and Issuing a Rule to Show Cause

Written by Steve Herman
April 29, 2021

Magistrate Judge in Valsartan MDL Rejects Defendant’s “Confidentiality” Claims over Routine Business Communications

Written by Steve Herman
March 25, 2021

U.S. Fifth Circuit Discusses the Strong Presumption in Favor of Open Access to Judicial Proceedings and the Overuse of Protective Orders by Litigants

Written by Steve Herman
October 8, 2020

U.S. Fourth Circuit Court of Appeals Affirms Limited Fund Settlement Between Former Students and Unaccredited Law School

Written by Steve Herman